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Defenders of Wildlife v. Watt

Citation: 12 ELR 20210
No. No. 81-1048, (D.D.C., 05/28/1981)

The court holds that a decision of the U.S. Fish and Wildlife Service (FWS) to lift a ban on the commercial importation of three threatened kangaroo species does not violate the Endangered Species Act (ESA). Section 2(c) of the ESA requires federal agencies to seek to conserve endangered and threatened species. The court holds that the lifting of the import ban is consistent with this duty since it is part of a program to encourage Australian states, who alone have the power directly to protect the kangaroos and their habitat, to implement programs for the species' conservation. In addition, FWS has maintained the threatened listing to allow for immediate action if the species is once again threatened.

[The pleadings in this case are summarized at ELR PEND. LIT. 65692 and 65720 — Ed.]